K C SRIVASTAVA Vs. CHANCELLOR LUCKNOW UNIVERSITY

JUDGEMENT

(1.) Issues raised in all these five writ petitions, under Article 226 of the Constitution of India, are closely connected with each other and so, are being disposed of by this common order.

(2.) The genesis of this spate of litigation can primarily be traced, to order dated September 7, 1987 by which, direct appointment dated Feb. 4, 1987 of Dr. V.G. Goswami on the post of Reader in commercial Law, in the Faculty of Law, in the University of Lucknow, was given retrospective effect from May 18, 1985, the date on which reference regarding his selection and appointment was made under Section 31(8)(c) of the Uttar Pradesh State University of Act, 1973 (for short Act of 1973) and also to seniority list dated June 9, 1994 issued by the University determining the inter-se seniority of the Reader/Lecturers of Law Faculty, wherein V. G. Goswami (then a Reader) was shown at Sl. No. 16, with date of appointment as August 27, 1986 on the post of Reader and Sri R. C. Jaiswal (also a Reader) at Sl. No. 5, with date of appointment as February 25, 1984. Sri K.C. Srivastava a Reader in the Faculty of Law unsuccessfully challenged the order dated September 7. 1987 before the Chancellor, under Section 68 of the Act of 1973. The Writ Petition No. 412 of (S/B) of 1996, filed against order dated September 7,1987 and against the rejection of reference under Section 68 was also dismissed as inpructous.

(3.) Against seniority list dated June 9,1994 Dr. V.G. Goswami made a reference to the Chancellor, under Section 68 of the Act of 1973, which he allowed vide order dated November 9,1995, declaring him the senior most Reader in that Faculty. Against this order dated November 9,1995 of the Chancellor, Sri K.C. Srivastava filed a writ petition No. 983 of 1995, which this Court disposed of vide order dated 14.11.1995, giving directions to the Chancellor, to decide the matter afresh, after giving opportunity to all concerned. It appears that some of the affected persons put their versions before the Chancellor. Dr. V.G. Goswami also gave a supplementary representation saying that since he had already been promoted to the post of Professor, on July 19,1995 under Personal Promotion Scheme and since the promotion of 7 Readers, namely Sri K.C. Srivastava, Sri R.C. Jaiswal, Sri R.P. Singh, Sri A.K. Srivastava, Sri M.L. Chandani and Dr. R.C. Nagpal and Dr. Pandey was bad in law, in view of the embargo, in the shape of clause (6) in Statute No. 11.12-B of the university Statutes, so he was the senior most Professor in the Faculty of Law.